5.1. BOA SR 01-24-2023 - Laserfiche WebLink

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Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The applicant's responses are noted in italics, while staffs analysis follows. The variance is: Is in harmony with the general purpose and intent of the ordinance, and The intent of the wetland setback and buffer ordinance is to limit runoff pollution within wetlands and stormwater basins. The proposed driveway will have minimal impacts on the setback area and much of the runoff will have the opportunity to run through a vegetated area prior to entering the wetland. With the recommended conditions, the variance is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan. The Comprehensive Plan guides the property for single-family uses and encourages responsible development as it relates to environmental features. The requests will not alter the use of the parcel, nor will it have a significant effect on the adjacent wetland. The variance request is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitionerproposes to use theproperty in a reasonable manner notpermitted by the Zoning ordinance; The driveway impact is a reasonable use of the property not otherwise permitted by the ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's on.,n action or inaction; and The property was platted in 1987 and our wetland setback and buffer ordinances were adopted in 2006. The original layout of the subdivision did not account for the wetlands in the same way that would be required of a subdivision today. The proposed use of the property is consistent with the original intent and the request itself is not a consequence of the petitioner's own action or inaction. 5. The variance, iifgranted, mill not alter the essential character of the locality. Development of an undeveloped residential lot could alter the essential character of the locality, but the proposal is consistent with nearby parcels and is consistent with the intent of city plans and codes. The variance will not alter the essential character of a locality designated as single-family residential. Council Meeting If denied, or an appeal is made by any interested party by February 3, 2023, this item will go to the February 21, 2023, City Council meeting. Mission/Policy/Goal ■ Support the growth and development of the community Attachments Location Map Driveway Variance Exhibit